Agenda and minutes

1  To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

2  To consider whether or not to accept the officers recommendation in respect of the above information.

3  If so, to formally pass the following resolution:-

  RESOLVED – That the press and public be excluded from the meeting during consideration of those parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information

No formal agenda items were identified as containing exempt information however West Yorkshire Police (WYP) indicated their intention to request that those documents supplied in support of the WYP presentation be treated as exempt should members of the public attend the meeting (minute 33 refers)

To identify items which have been admitted to the agenda by the Chair for consideration

(The special circumstances shall be specified in the minutes)

No formal late items of business were added to the agenda however Members were in receipt of additional documents submitted by West Yorkshire Police in support of the WYP presentation (minute 33 refers)

To declare any personal/prejudicial interests for the purpose of Section 81(3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of Conduct

There were no declarations of interest, however during discussions on the Cumulative Impact Area (city centre) Councillor Selby stated that as Chair of City Centre Plans Panel, he wished to make it clear that he would treat individual planning applications on their own merits and within the remit of the Plans Panel and similarly, he would consider any licensing applications in accordance with the Licensing Act 2003, the Guidance and the LCC Statement of Licensing Policy and would not pre-determine any matter before him (minute 33 refers)

Apologies were received from Councillors Bruce and Hanley

To approve the minutes of the last meeting held on 16^th August 2011 as a correct record

(copy attached)

RESOLVED –That the minutes of the meeting held 16^th August 2011 be agreed as a correct record

To receive a verbal presentation from West Yorkshire Police providing an update on activity in Leeds City Centre and a briefing on city centre policing in the night time economy

The Committee welcomed Chief Inspector V Francis, PC C Arkle and Mr B Patterson of West Yorkshire Police to the meeting. Ch.Ins. Francis led the Committee in discussions on the following matters:

Gatecrasher Review

–  Issues relating to the volume of paperwork associated with the applications before Sub Committees, the procedure followed at the Magistrates Court, the strength and presentation of the representations made by WYP and the approach of the Judge were raised.

–  WYP stated their intention to re-assess and condense wherever possible the paperwork associated with an application. Careful consideration would also be given to the choice of legal representative and the order of business and procedure likely to be adopted by the Magistrates Court.

(Councillor A Khan withdrew from the meeting for a short while at this point)

–  Members recalled the circumstances of the case and considered whether the presence of a Sub Committee Member at the Magistrates court hearing would assist

–  Overall both WYP and the Licensing Authority agreed it would be beneficial if both parties assessed the strength of their case and sought the best possible representation at hearings, in terms of paperwork, support and legal representation in order to present a robust approach to the Court

(Councillor R Downes withdrew from the meeting at this point)

Cumulative Impact Policy (CIP)

Ch.Ins Vernon referred to the documents tabled showing the number of Licensing Act 2003 applications made for premises within the city centre (CIP Area 1) since January 2011, the type of representation made by WYP and the outcome of subsequent hearings.

(Councillor Downes rejoined the meeting)

–  Members noted the amended Statement of Licensing Policy had come into force in January 2011 and CIP Area 1 stated a presumption against the grant of any new licence with that area. WYP asserted that an applicant should therefore be required to prove the exceptional reasons to grant their application rather than the onus being on WYP to make the case to uphold the CIP

–  Ch.Ins Francis highlighted the outcomes of the applications considered by a sub committee since January 2011 with particular reference to those which lay within the three hotspots for incidents of crime and disorder identified by WYP. He stated WYP would encourage new premises coming forward with measures and styles of operation which would have a positive impact on a hotspot area and reduce the number of incidents. New premises or variations which did not appear to assist a locality already regarded as a hotspot would attract a strong objection from WYP

The Committee considered the outcomes and what additional information could be required by a sub committee in order to support the CIP. Members noted that receipt of a WYP representation should act as a trigger for them to consider the CIP and identify what evidence was submitted to convince them that an application was exceptional. Members acknowledged that there may appear to be inconsistencies in the approach of the Sub Committees and identified the  ...  view the full minutes text for item 33.

To receive a presentation and report on the Leeds City Centre evening and night time economy Strategy and Action Plan

(draft report attached)

The Committee received a report from the Chief Officer, Community Safety, on the Leeds City Centre Evening and Night Time Economy Strategy and Action Plan. Ms C McCall, City Centre Community Safety Co-ordinator attended the meeting and highlighted the partnership working established in the city with WYP, operators, agencies, Business Against Crime in Leeds (BACIL), pub watch, Operation Capitol and taxi marshals to ensure a healthy economy.

Members had regard to the discussions on the previous item and commented on the following:

Taxi marshals – noted the success of the scheme and that funding for the Christmas 2011 period had yet to found. Members queried whether private finance could support the project

Street marshals – Ch.Ins. Francis reported that this scheme provided 19 street marshals funded by city centre premises and there had been a 40% reduction in violent crime in the hotspots on Friday and Saturday nights since the scheme began

Street Chaplains  – noted the Leeds and Ripon Dioceses had recently appointed a night time economy minister, who was tasked with revitalising the volunteer street chaplains scheme to provide support to vulnerable persons in the city centre on Friday and Saturday nights

RESOLVED – To note the contents of the report

(Councillor Dunn withdrew from the meeting at this point)

To note the report of the Head of Licensing and Registration outlining proposed responses to two Central Government consultations on issues which fall within the remit  of the Licensing Committee  

(report attached)

The Head of Licensing and Registration submitted a report outlining proposed responses to two central Government consultations on issues falling within the remit of the Licensing Committee. Copies of the relevant documents were included within the report. Members considered each consultation and proposed response in turn and made the following comments:

The Future of the Better Regulation Office and extending the benefits of the Primary Authority Scheme – which included proposals to include “age restricted” products within the Primary Authority Scheme (PAS)

• Identified the impact this could have on local decision making, particularly in terms of the Licensing Act 2003 which empowered local authorities to regulate relevant products in their area

(Councillor Dunn re-joined the meeting)

• Concern that one PAS could be swamped with regulatory duties by being designated by several operators
• No clear indication of how a local authority will identify and recover “reasonable costs”
• Identified an anomaly that although West Yorkshire Trading Standards were identified as a Primary Authority, West Yorkshire Police were not and this could impact on collaborative working and enforcement outcomes resulting in a two-tier approach by both agencies
• noted the practical example of the impact the scheme could have on measures often conditioned by sub committees based on local considerations specific to individual premises - such as seeking to impose Check 25 when an operator had signed up a PAS with Check 21 age verification. Also, consideration to closed-circuit television measures specific to a premises.
• The Coalition Agreement makes it clear to bring an end to ‘tick-box regulation’.

(Councillors Khan, Townsley and Selby left the meeting at this point)

The Committee broadly supported the proposed response set out in appendix B of the report

(Councillor Selby resumed his seat in the meeting

Local Better Regulation Office: Age Restricted Products and Services Consultation – on how to encourage a code of practice/engage with operators

• highlighted the responsibility to educate young people on under age sales
• highlighted concern that test purchase volunteers could be allowed to conceal their true age when challenged by an operator. Concerns were expressed about asking young persons to lie about their true age which was morally wrong. Also, if a person were to lie about their true age this could possibly provide a defence against criminal liability on the grounds of entrapment/agent provocateur as it could be argued that the young person incited or lured a person (the operator) to commit a crime they would not otherwise have committed.

(Councillors Downes and Dunn left the meeting at this point)

• Discussed whether a single sale or test purchase would provide sufficient evidence to warrant enforcement action
• Noted the comments that two sales would provide the Authority with a stronger enforcement case

(Councillor Khan withdrew from the meeting for a short time at this point)

• Noted the suggestion that operators could be offered a formal simple caution as an alternative, an operator could avoid court action if they accepted this. If the caution was not accepted, the Authority could then advise that formal  ...  view the full minutes text for item 35.

To note the contents of the Licensing Work Programme for the remainder of the 2011/2012 Municipal Year

(schedule attached)

RESOLVED – To note the contents of the Work Programme

To note the date and time of the next meeting as Tuesday 18^th October 2011 at 10.00 am

RESOLVED – To note the date and time of the next meeting as Tuesday 18^th October 2011 at 10.00 am